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HomeMy WebLinkAbout03/20/78March 20, 1978 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on March 20, 1978. Mayor Rooff in the Chair_. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Roehr, Wilharm. Absent: None. Invocation by Councilman Getty. 73802 - Moved by Roehr, seconded by Burton that the Agenda, as amended, for the Regular Session of March 20, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 73803 - Moved by Dowie, seconded by Bowers that the Minutes of the Regular Session held March 13, 1978 at 7:00 P.M., be approved. Motion carried. 73804 - Moved by Roehr, seconded by Hutchison that proof of publication of notice of public hearing on proposal to vacate, sell and convey to JU-LI Corporation W2 of alley lying adjacent to Lots 8, 9 and 10 and EZ of alley lying adjacent to Lots 13, 14 and 15, Block 24, Hagerman Place, as published in Waterloo Courier 3/3/78, for $192.00 plus costs, subject to certain stipulations and City retention of a utility easement, be received and placed on file. Motion carried. 73805 - This being the time for hearing, the Mayor called for written and oral objections, and there were none. Moved by Wilharm, seconded by Burton that "Ordinance vacating W2 of alley lying adjacent to Lots 8, 9 and 10 and EZ of alley lying adjacent to Lots 13, 14 and 15, Block 24, Hagerman Place", be re- ceived, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73806 - Moved by Roehr, seconded by Hutchison that proof of publication of notice of public hearing on proposal to vacate Summer Lane from North Right -of -qday line of Grand Boulevard to South Right -of -Way line of Four Seasons Drive, and sale and conveyance of that por- tion lying adjacent to Lot 22, Cliffdale Heights, to James F. and Virginia E. Nicholas, and that portion adjacent to Lot 23, Cliff - dale Heights, to Waterloo Board of Park Commissioners, as pub- lished in Waterloo Courier on March 3, 1978, for $340.00 plus costs and $1.00 plus other valuable considerations, respectively, be re- ceived and placed on file. Motion carried. 73807 - This being the time for hearing, the Mayor called for written and oral objections and there were none. Moved by Dowie, seconded by Bowers that "Ordinance vacating All of Summer Lane from the North right-of-way line of Grand Boulevard to the South right-of-way line of Four Seasons Drive, Cliffdale Heights, all in the City of Waterloo, Black Hawk County, Iowa", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73808 - Moved by Roehr, seconded by Wilharm that the rules requiring ordin- ances to be considered and voted on for passage at two prior meet- ings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 73809 - Moved by Getty, seconded by Hutchison that "Ordinance vacating All of Summer Lane from the North right-of-way line of Grand Boulevard to the South right-of-way line of Four Seasons Drive, Cliffdale Heights, all in the City of Waterloo, Black Hawk County, Iowa", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2954. 73810 - Moved by Roehr, seconded by Dowie that "Resolution authorizing the sale and conveyance of that portion of Summer Lane lying adjacent to Lot 22, Cliffdale Heights to James F. and Virginia E. Nicholas for $340.00 plus costs, and that portion of Summer Lane lying adja- cent to Lot 23, Cliffdale Heights, to Waterloo Board of Park Com- missioners for $1.00 plus other valuable considerations, and dir- ecting and authorizing the Mayor and City Clerk to execute and de- liver deeds for said property", be adopted. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 25628. - 2 - 73811 - Moved by Bowers, seconded by Getty that proof of publication of notice of public hearing on rezoning from "A-1" Agricultural District to "M-1" Light Industrial District approximately 19 acres of land in Section 20 -89N -12W, South of Newell Street, North of C.N.W.R.R. right-of-way and one mile East of Idaho Street, as published in Waterloo Courier on 3/3/78, upon the request of Tom Kies, upon the recommendation of City Zoning Commission and Coun- cil's own motion, be received and placed on file. Motion carried. 73812 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Moved by Bowers, seconded by Hutchison that "An Ordinance amend- ing Ordinance No. 2479, as amended, by adding Sub -Section No. 140 to Section 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73813 - Moved by Dowie, seconded by Burton that proof of publication of notice of public hearing on rezoning from "A-1" Agricultural Dis- trict to "R-1" One and Two Family Residence District approximate- ly 22 acres of land in Section 1 -89N -12W, North of East Airline Hiway and East of Logan Avenue, as published in Waterloo Courier on March 3, 1978, upon the request of Forrest Bentley and Carol Jean Bentley, upon the recommendation of City Zoning Commission and Council's own motion, be received and placed on file. Motion carried. 73814 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Hutchison that "An Ordinance amend- ing Ordinance No. 2479, as amended, by adding Sub -Section No. 139 to Section 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73815 - Moved by Roehr, seconded by-Dowie that the rules requiring ordin- ances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 73816 - Moved by Bowers, seconded by Hutchison that "An Ordinance amend- ing Ordinance No. 2479, as amended, by adding Sub -Section No. 139 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2955. 73817 - Moved by Dowie, seconded by Bowers that proof of publication of notice of public hearing on site plan for Elliott Planned Unit Development, Phase I, on U.S. Highway 218 and South of East Shau- lis Road, upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Courier on 3/3/78, be received and placed on file. Motion carried. 73818 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Jerry Lund, resident construction engineer for I -DOT, stated the site plan showed an access at the point where the four lanes merge into two lanes of existing Highway #218, and recommended this site plan be refer- red back to the Plan and Program Commission and the access problem resolved before approval. Moved by Roehr, seconded by Bowers that this hearing be and the same is hereby adjourned to April 17, 1978 at 7:00 P.M. at the Council Chambers in the City Hall in said City at which time and place this Council will take up and consider a resolution approving said site plan. Motion carried. 73819 - Moved by Dowie, seconded by Hutchison that proof of publication of notice of public hearing on site plan for Long John Silver's Seafood Shoppe on corner of Penneys Street and Crossroads Boule- vard at Crossroads Shopping Center, upon Plan and Program Com- 73819 - - 3 - (Continued) W mission's recommendation and Council's own motion, as published in Waterloo Courier on 3/3/78, be received and placed on file. Motion carried. 73820 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Hutchison, seconded by Roehr that "Resolution approving site plan for Long John Silver's Seafood Shoppe on corner of Penneys Street and Crossroads Boulevard at Crossroads Shopping Center", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25629. 73821 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on site plan for ASCS Office within the Elliott Planned Unit Development, Phase I, located on U.S. Highway 218 and South of East Shaulis Road, upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Courier on 3/3/78, be received and placed on file. Motion carried. 73822 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Wilharm, seconded by Hutchison that this hearing be and the same is hereby adjourned to April 17, 1978 at 7:00 P.M. at the Council Chambers in the City Hall in said City at which time and place this Council will take up and consider a resolution approving said site plan. Motion carried. 73823 - Moved by Dowie, seconded by Burton that proof of publication of notice of public hearing on site plan for an expansion to Elect- ronics Building located at Hawkeye Institute of Technology, upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Courier on 3/3/78, be received and placed on file. Motion carried. 73824 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Hutchison that "Resolution approving site plan for an expansion to Electronics Building located at Hawkeye Institute of Technology", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25630. 73825 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on site plan for Quail Valley, a "R -P" Development on West Fourth Street, South of West Ridgeway Ave- nue, upon Plan and Program Commission's recommendation and Coun- cil's own motion, as published in Waterloo Courier on 3/3/78, be received and placed on file. Motion carried. 73826 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Burton that "Resolution approving site plan for Quail Valley, a "R -P" Development on West Fourth Street, South of West Ridgeway Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25631. 73827 - Moved by Roehr, seconded by Hutchison that proof of publication of notice of public hearing on site plan for Tower Hill Addition between U.S. Highway #218 and Carriage Hill Drive, upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Courier on 3/3/78, be received and placed on file. Motion carried. 73828 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. The storm sewer drainage problem was discussed. March 20, 1978 .*N 73828 - (Continued) - 4 - .-` Moved by Roehr, seconded by Hutchison that "Resolution approving site plan for Tower Hill Addition between U.S. Highway 218 and Carriage Hill Drive", be adopted. Ayes: Bowers, Dowie, Getty, Hutchison, Roehr, Wilharm. Nay: Burton. Resolution adopted and upon approval by Mayor, assigned No. 25632. 73829 - Donald R. Taylor, 227 South Hackett Road, presented a petition requesting concrete paving with curb and gutter and storm sewer for the 100 thru 600 blocks of South Hackett Road, together with pictures of said road. Mayor Rooff thanked the petitioners for their patience and stated he would have the road temporarily posted for no truck traffic. Moved by Roehr, seconded by Wilharm that the above petition be received, placed on file, and referred to the City Engineer. Motion carried. 73830 - Councilman Bowers presented a request from Waterloo Board of Park Commissioners for a public hearing and Council approval of convey- ance by lease agreement of approximately four to five acres of Miriam's Park land to the Young Men's Christian Association of Black Hawk County, Iowa, as a site for a new proposed Y.M.C.A. Activity Center. Moved by Bowers, seconded by Burton that the above request, be re- ceived, placed on file and "Resolution fixing the time and place of hearing on a proposal to lease to the Young Men's Christian Association of Black Hawk County, Iowa, approximately four to five acres of Miriam's Park land as a site for a new proposed Y.M.C.A. Activity Center", adopted, and said date of hearing set as April 10, 1978 at 7:00 P.M. in City Hall, and said request referred to the City Plan and Program Department. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25639. 73831 - Councilman Burton inquired about the paving of Martha Street and was informed it was on a program. 73832 - Moved by Bowers, seconded by Hutchison that 1977 Annual Report of Waterloo Board of Park Commissioners, be received, placed on file and approved. Motion carried. 73833 - Moved by Getty, seconded by Hutchison that minutes of Community Development Board for regular meeting held on February 7, 1978, be received and placed on file. Motion carried. 73834 - City Attorney Smith explained the Waterloo Cablevision, Inc. Acceptance of Franchise Letter was in compliance with Section 364.2(d) of Code of Iowa. He recommended the Council award fran- chises to both companies approved by the voters; the Acceptance of Franchise Letter was the company's commitment and the company would have to produce; the City could not give an exclusive fran- chise, and in view of voters approval of two companies, he could not see how the Council could rightfully refuse. A discussion followed. Moved by Roehr, seconded by Bowers that Acceptance of Franchise and $100,000 Performance Bond as submitted by Jay P. Roberts, Attorney in behalf of Waterloo Cablevision, Inc. for a cable tele- vision system, be received, placed on file and "Resolution approv- ing and accepting the Acceptance of Franchise and $100,000 Perfor- mance Bond from Waterloo Cablevision, Inc. for a cable television system", adopted. Ayes: Seven Resolution adopted and upon ap- proval by Mayor, assigned No. 25633. 73835 - Moved by Roehr, seconded by Dowie that Abstract of Election Report of Official Count by Black Hawk County Board of Supervisors as Board of Canvassers of ballots cast at Special Election for grant- ing to Cable Country T.V., Inc. a franchise, held on March 7, 1978, and declaration of results, submitted by Black Hawk County Commis- sioner of Election, be received and placed on file. Motion carried. March 20, 1978 - 5 - 73836 - Moved by Dowie, seconded by Bowers that Revised Fiscal Year 1978 Operating Budget for Low Rent Housing Projects IA 50-1 and 2, ending 6/30/78, as submitted by Waterloo Chamber of Commerce, be received, placed on file, and action deferred pending explanation of budget revision. Motion carried. 73837 - Moved by Burton, seconded by Bowers that construction plans for sanitary sewerage extension serving Quail Valley, together with Treatment Agreement Form C 9/75 for Department of Environmental Quality, and City Engineer's recommendations for approval subject to final acceptance of plans being subject to review and accept- ance by DEQ, be received, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 73838 - Moved by Roehr, seconded by Getty that communication from City Engineer, transmitting four Engineering Services Contracts to provide miscellaneous surveying services on an "as needed" basis, and recommending approval for 1978 calendar year, be received, placed on file, recommendations approved and "Resolution approv- ing Engineering Services Contracts for miscellaneous surveying services for 1978 calendar year with (1) Wayne Claassen Engin- eering and Surveying, Inc., (2) Brice, Petrides & Associates, Inc., (3) Robinson Engineering Company and (4) Schenk Engineer- ing Company, and directing execution of said contracts by Mayor and Clerk", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25634. 73839 - Moved by Wilharm, seconded by Getty that Change Order No. 5 for FY 1977 Paving Program, Contract No. 157, for extra grading by Cedar Valley Corporation at an additional cost of $22,530.95, and City Engineer's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to exe- cute same. Ayes: Seven. Motion carried. 73840 - The recommended changes to the Litter Control Ordinance were dis- cussed. Moved by Burton, seconded by Bowers that communication from City Attorney, transmitting eight changes to the Litter Control Ord- inance and recommending incorporation into the said Ordinance, be received, placed on file, approved, and said changes ordered incorporated into the said Ordinance. Ayes: Seven. Motion carried. 73841 - Moved by Bowers, seconded by Burton that "An Ordinance regulat- ing the collection and disposal of waste matter, to be cited as the "Litter Control Ordinance", with incorporated changes, be received, placed on file, consider and passed for the first time. Ayes: Seven. Motion carried. 73842 - Moved by Burton, seconded by Bowers that the rules requiring or- dinances to be considered and voted on for passage at two prior meetings, be suspended, and the above ordinance recorded as having been considered and passed for the second time. Ayes: Bowers, Burton, Dowie, Getty, Roehr, Wilharm. Nay: Hutchison. Motion carried. 73843 - Moved by Dowie, seconded by Burton that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by adding Subsection 3 to Section 569, Truck Traffic prohibited on certain streets", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73844 - Moved by Roehr, seconded by Dowie that the rules requiring ordin- ances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 73845 - Moved by Dowie, seconded by Hutchison that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by adding Subsection 3 to Section 569, Truck Traffic prohibited on certain streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2956.